Terms Of Use – PeFi

PeFi is a mobile application for iOS, iPadOS, AppleTV and MacOS platforms, developed and offered to you by Sky-High company. (“Provider”). They enable its users to track and manage personal finances and analyze their income and expenses. Your use of the PeFi mobile applications and all the related services provided through it (collectively referred as “ PeFi”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider. PeFi is currently available for download free of charge, however, it contains one-time payment or subscription in-app purchases to unlock additional features (collectively referred as “Pro” or “Pro” features).

Acceptance

These Terms regulate the legal relationship between you and the Provider. You may not use PeFi if you don’t accept them. The Terms are always made available to you prior to the download of the PeFi application. By downloading, installing, using, or otherwise accessing PeFi, you are expressing your acceptance and willingness to be bound by the Terms. You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use the PeFi application.

Term and Termination

The Terms will remain in full force and effect while you use the PeFi application and until terminated by either you or the Provider. Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them. You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the PeFi application. Refund of your purchases is not possible. The provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms, you are not entitled to any refunds.

Amendments

When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through PeFi application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account, or Paid features and prices. You will be notified about the planned changes in advance through the PeFi application and via e-mail (with the updated Terms attached as a link to the original web page) if you have entered the email to subscribe to our newsletter. From time to time, the Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through the PeFi application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of PeFi, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time.

User generated content

You may enter and upload texts, numerical data, photos or other content to the PeFi application. You retain copyright and any other rights to the content that qualifies for legal protection. For such content, you grant Provider a worldwide non-exclusive, no-charge, and royalty-free license to use it in the connection with the provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms. You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes the copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory, or otherwise illegal and share it with other users of the PeFi applications. The provider does not review the user content but reserves the right to remove or disable access to any user content for any reason. The provider has no responsibility for the accuracy of the content you provided or which was created by the PeFi applications based on your input. You are solely responsible for backing up the content you enter or upload to PeFi.

No professional advice

Based on your user content (particularly synchronized payment account data or manual input data) PeFi may provide you with personalized advice relating to financial health (such as measures and analyses of various financial indicators) or commercial offers (ads), or financial literacy advice. You hereby acknowledge and agree that such advice or commercial offers do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice or commercial offers.

License and ownership

PeFi application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below. Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license, to access and use PeFi and its PRO features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third-party services or libraries included in PeFi applications are licensed to you either under these Terms, or under the third party’s license terms, if applicable. Based on your license, you may not access PeFi applications with other means than the official platforms and apps provided by Sky-High LLC, mine or extract any data from PeFi databases, modify, reverse engineer, decompile, disassemble or create derivative works of the PeFi application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the PeFi application.

Maintenance and Support

PeFi subject to continuous development and the Provider reserves the right, at its sole discretion, to update the PeFi applications, change the nature of the PeFi applications or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update PeFi. The provider does not guarantee an uninterrupted provision of the services. PeFi may be temporarily unavailable due to maintenance, certain technical difficulties, or other events that are beyond Provider’s control. If you have some questions, problems, or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of PeFi is limited due to the limited capacity of the Provider.

Pro Features and Prices

PeFi application is available for download free of charge. The free version allows you to use the basic features of PeFi. You can unlock the Pro features by in-app purchases. Depending on the type of paid feature/features, they can be offered as a subscription-based in-app purchase. The user will be notified accordingly inside the app. Current detailed information about the in-app purchase offer is always available on the platform-specific page of PeFi or within the PeFi application. Current detailed information about the subscription offer is always available in the PeFi application. Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 3 months and 12 months terms. Pro features unlocked by a recurring automatic subscription will be renewed automatically up to 24 hours before the expiration date. Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax). The provider does not guarantee that PeFi or any of its current free or paid features will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time. Downloading or using PeFi may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase selected Pro features simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price, and term. By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible. In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason, you lose your right of withdrawal. Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking Pro features in PeFi. It proceeds by electronic means and is not subject to any extra fees. If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and PeFi will be downgraded. Available payment methods, include but are not limited to, credit and debit cards, gift cards, or PayPal and may vary according to the distribution platform. The provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution providers, or their contractors are solely responsible for the payment processing. Refunds for the in-app purchases are generally not provided.

Trials

The provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such a subscription. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period unless you cancel it before the period runs out. The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with a trial period and providing your payment details you agree with possible future charges for the subscription.

Third-party Services

PeFi may include third-party services or content such as Firebase Analytics. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third-party terms of agreement when using PeFi. The mere fact that PeFi integrates or otherwise includes third-party services or content does not constitute an endorsement of PeFi by respective third parties.

For Apple device users

You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content. The license granted to you must be limited to use PeFi only as permitted by the Usage Rules set forth in the App Store Terms of Service, Provider and not Apple is solely responsible for providing any maintenance and support services with respect to PeFi. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to PeFi. In the event of any failure of PeFi to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PeFi, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Provider. Provider, not Apple, is responsible for addressing any your or third party claims relating to PeFi or your possession and/or use of PeFi, including, but not limited to, product liability claims, any claim that the PeFi fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation. You acknowledge that, in the event of any third party claim that PeFi or your possession and use of PeFi infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.